How Can A DUI Can Affect My Child Custody?

Ladyblogger
July 9, 2013

Dealing with a DUI can be difficult enough from a financial standpoint, but there are also several other important factors that will have an impact on your life. For example, if you are convicted of a DUI, it is possible that you will lose your job. Although this is definitely a serious consequence, there is an even bigger risk facing single parents: the possibility of losing your child. Therefore, if you do not want to deal with child custody issues, it is imperative that you always avoiding driving when you are under the influence.

Why does a DUI Impact Child Custody?

Parents who have sole or primary custody of their children are expected to provide a safe and stable environment. Additionally, certain types of behavior are strongly frowned upon by the legal system. For example, if it becomes known that you spend a lot of time drinking or frequenting adult clubs, it is highly likely that you could find yourself defending your actions in front of a judge, especially if the other parent wants sole custody.

When a parent who has custody gets a DUI conviction, the other parent can ask for a custody hearing. During this hearing, it is common for the DUI to be used as an example of the custodial parent’s poor judgment skills. Even if your child was safely at home with a babysitter when the incident occurred, a judge can still hold it against you.

What Happens if You Have a Child in the Car?

If you are pulled over for a DUI with your child in the car, you can expect to face more charges than simply driving under the influence. In most cases, you will be charged with child endangerment, and your child might be placed in protective custody until after your court date. If you are convicted of a DUI, it is possible that you will never get your child back, especially if there is another parent who is willing to take on the full-time responsibility of raising them.

What Should I do if I am Arrested for a DUI?

If you are arrested for a DUI and you have children, it is vital to contact an attorney right away. After all, it is possible to get an acquittal, and a skilled lawyer can help you even if you were intoxicated. For example, if you get pulled over while you are driving home from a bar in Orlando, the DUI attorneys in Orange County Florida could argue that the breathalyzer test was not properly calibrated. Because there have been so many cases that have highlighted issues with the entire process of administering a breathalyzer test, it is possible that you could be cleared of all charges.

Driving while intoxicated is never worth the risk, especially when you consider that you could lose your child and seriously injure or kill another person. Even if you do manage to get home without being pulled over, you will still be setting a very bad example for your child. Therefore, it is important for you to remain responsible by never getting behind the wheel if you have had too much to drink.

Blogger Anthony Joseph is also a writer who enjoys discussing legal topics that support the fight against drunk driving. Katz & Phillips, P.A. are DUI attorneys in Orange County Florida, who have been successfully defending clients for many years now. Attorney David Katz was as a former specialist in the use of the Intoxilyzer breath machine, and knows if any deficiencies are present.